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CAMPBELL v. ST JOHN HOSPITAL

Docket Nos. 84112, 84904, (Calendar No. 8).

434 Mich. 608 (1990)

455 N.W.2d 695

CAMPBELL v. ST JOHN HOSPITAL

Supreme Court of Michigan.

Decided May 7, 1990.

Attorney(s) appearing for the Case

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by David K. Barnes, Jr. and Barbara M. Robinson), for the plaintiff.

Schureman, Frakes, Glass & Wulfmeier (by Stephen A. Schaefer, J. Kelly Carley, and Priscilla L. Schwarze) for defendant Ronald E. Rourke.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), for defendant Louis J. Gregory.

BRICKLEY, J.

We granted leave to appeal in this case limited to the following two questions: (1) whether an agreement under the Malpractice Arbitration Act1 (MAA) deprives a circuit court of jurisdiction to resolve a controversy, and (2) whether a defendant waives enforcement of an arbitration agreement by failing to assert the existence of the agreement in the first responsive pleading.

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